* For state law as to authority of cities to construct, etc., sewers and drains, see Gov. C.A., § 38900. As to “Sewer Right-of-Way Law of 1921,” see Gov. C.A., § 3900 to 39374. As to sanitation and sewerage systems, see H. & S.C.A., §§ 5470 to 5473.11.As to connection of auto trailers in camps with sewer, see § 6.25 of this code.

As used in this chapter, the following terms are defined in this section:

(a) “Best management practices” mean schedules of activities, prohibitions of practices, maintenance procedures and other management practice to prevent or reduce the introduction of FOG to the sewer facilities.

(b) “Director” means the director of the department of public works.

(c) “Discharger” means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer.

(d) “Fats, oils, and grease (“FOG”)” mean any substance, such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

(e) “FOG wastewater discharge permit” or “discharge permit” means a permit issued by the city subject to the requirements and conditions established by the city authorizing the permittee or discharger to discharge wastewater into the city’s facilities or into sewer facilities which ultimately discharge into a facility.

(f) “Food grinder” means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing it in the sewer system.

(g) “Food service establishment (“FSE”)” means facilities defined in California Uniform Retail Food Facility Law (CURFFL) Health and Safety Code section 113785, and any commercial or public entity within the boundaries of the city, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined in CURFFL. A limited food preparation establishment is not considered a FSE when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

(h) “Grease control device” means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. A grease control device may also include any other proven method to reduce FOG subject to the approval of the director.

(i) “Grease disposal mitigation fee” means a fee charged to an owner/operator of a FSE, as provided in this chapter, when there are physical limitations to the property that make the installation of the usual and customary grease interceptor or grease control device for the FSE under consideration impossible.

(j) “Grease interceptor” means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a FSE and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next.

(k) “Grease trap” means a grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible.

(l) “Inspector” means a person authorized by the city to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities.

(m) “Local sewering agency” means any public agency or private entity responsible for the collection and disposal of wastewater to the city’s sewer facilities duly authorized under the laws of the state of California to construct and/or maintain public sewers.

(n) “Permittee” means a person who has received a permit to discharge wastewater into the city’s sewer facilities subject to the requirements and conditions established by the city.

(o) “Public agency” means the state of California and/or any city, county, special district, other local governmental authority or public body of or within this state.

(p) “Public sewer” means a sewer owned and operated by the city, or other local public agency, which is tributary to the city’s sewer facilities.

(q) “Regulatory agency” means those agencies having regulatory jurisdiction over the operations of the city, including, but not limited to:

(s) “Sewer facilities” or “system” means any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge operated by the city.

(t) “Sewer lateral” means a building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building’s wastewater facilities and a public sewer system.

(u) “Significant remodel” means an FSE that conducts any remodeling to a FSE which involves construction valued at ten thousand dollars or more requiring a construction permit.

(w) “Waste” means sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.

(x) “Wastewater” means the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer. (Ord. No. 2186, § 2, 2009.)

(a) No person shall act, or cause or permit any agent, employee, independent contractor or third party to act to construct, maintain, operate or utilize any wastewater system connection without a permit (“illicit connection”). The prohibition against illicit connection shall apply irrespective of whether the illicit connection may have been established prior to the date of enactment of the ordinance codified in this chapter, so long as the connection was illicit when established.

(b) No person shall act, or cause or permit any agent, employee, independent contractor or third party to act to cause, allow or facilitate any prohibited discharge. Nor may any person act to impair the useful functioning of such drain, channel, or natural watercourse or act to cause a public nuisance, public hazard or detrimental pollution of natural surface or subsurface water. Any excessive sewer or sewerage maintenance expenses or any other expenses attributable thereto shall be paid by the responsible entity or person.

(c) It is unlawful for any person to discharge to the wastewater system any wastewater, waste, rainwater or other unpolluted water that is prohibited by CSDLA’s wastewater ordinance or causes a violation of stormwater regulations or any requirements of the Regional Water Quality Control Board, Los Angeles Region. These prohibitions include, but are not limited to, prohibited rainwater, groundwater and other water discharges; prohibited industrial wastewater discharges; discharges which cause excessive sewer maintenance; prohibited and restricted waste discharges; medical and infectious wastes; and radioactive wastes.

(d) It is unlawful for any person to discharge or cause to be discharged any industrial wastewaters directly or indirectly to wastewater system owned by the city without first obtaining a permit for industrial wastewater discharge from the county sanitation districts of Los Angeles (CSDLA). When required by the CSDLA, this permit shall be obtained prior to commencement of any construction of new or modified facilities which will discharge industrial wastewater to the sewer.

A violation of these prohibitions shall occur irrespective of the intent of the violator to construct, maintain, operate or utilize an illicit connection or to cause, allow or facilitate any prohibited discharge. (Ord. No. 2186, § 2, 2009.)

All pipes, drains and fixtures whatsoever within any building and to a point two feet outside thereof, as well as all septic tanks and cesspools and their connections to the house drains, shall be under the jurisdiction of the building inspector. The jurisdiction of the building inspector over sewer connections shall extend from a point two feet outside of the exterior wall served by such connection to the public right-of-way or easement. The city engineer shall have jurisdiction within the public right-of-way or easement. (Ord. No. 2186, § 2, 2009.)

It is unlawful for any person to connect any drain or pipe with any city sewer, or discharge any drainage therein, without a permit to do so being first obtained from the city engineer, who shall charge and collect for each such permit the sum as set and adjusted by resolution of the city council. Each permit shall indicate the place at which the connection is to be made and the property to be connected, and it shall be unlawful to make any such connection with any public sewer at any other place than that designated in the permit.

Every connection made with any public sewer of the city shall be made in accordance with the engineering and public works department’s standard plans and specifications.

No sewer connection shall be covered or concealed in any way until it has been inspected and approved by the director or authorized representative.

The applicant shall have the required sewer installation performed by a contractor licensed by the state to perform this type of work. Complete engineering shall be by a registered civil engineer licensed in the state, and shall include the submission of a full set of detailed improvement plans of a scale acceptable to the director, along with appropriate plan check and inspection fees. The director reserves the right to require the contractor to televise the mains at the applicant’s expense to determine acceptability. Any changes in installation shall have prior approval of the director, and the applicant shall furnish the director a complete set of as-built plans at the completion and acceptance of the installation.

The property owner shall be responsible for the construction, maintenance and repairs of all private property sewer connections to the public sewer. (Ord. No. 2186, § 2, 2009.)

Pipe with which a sewer connection is made must be at least four feet below the established grade of the street at the property line. In all cases, the line of the pipe must be straight from the property line to the wye connection at the sewer main unless otherwise approved by the city engineer. Where a wye connection cannot be found, saddling may be permitted upon approval of the city engineer. (Ord. No. 2186, § 2, 2009.)

It is unlawful for any person, except a properly authorized official or employee of the city, to remove any covering to any manhole or flush tank connected with any sewer in the city. (Ord. No. 2186, § 2, 2009.)

Whenever the city engineer finds that a sewer connection permit has been requested by, or on behalf of, the owner of any real property within the city, which property has not borne its just share of the original cost of the installation and construction of the public sewer to which the sewer hook-up is desired, either by means of an assessment district proceeding contract, voluntary contribution, or otherwise, a fee shall be charged for such permit. Such fee shall be established by resolution. (Ord. No. 2186, § 2, 2009.)

Any person aggrieved by the decision of the city engineer relative to the amount of connection fee assessed to a particular property may appeal such determination to the city council by filing a written notice of appeal with the city clerk. At the time set for the hearing, the city council shall determine whether the proposed fee is just and reasonable under all of the circumstances applicable to the case. The decision of the city council shall be final and conclusive. (Ord. No. 2186, § 2, 2009.)

The moneys obtained from sewer connection fees shall be placed in a special fund known as the “sewer fund.” Money from the sewer fund shall be appropriated only for the planning, acquisition, construction, reconstruction, maintenance and operation of sewerage facilities, to repay principal and interest on general obligation bonds issued for the construction or reconstruction of such sewerage facilities, and to pay federal or state loans or advances made for the construction or reconstruction of sewerage facilities; provided, however, that such revenue shall not be used for the acquisition or construction of new local street sewers or laterals, as distinguished from main trunk, interceptor and outfall sewers. (Ord. No. 2186, § 2, 2009.)

(a) Charges collected, as established by the ordinance codified in this section, will be used to reimburse the city for costs of regulating the construction of sewers, the interception of sewage and wastes, and to control wastewater to provide the maximum public benefit of the sewage disposal facilities of the city.

(b) Service charges and fees shall be fixed from time to time by resolution of the city council.

(c) Bills for sewer services are due and payable upon presentation with the water bill and shall become delinquent in the same manner and at the same time.

In the event any bill shall become delinquent, enforcement of payment shall be made in the same manner as with water service delinquencies. Payment shall be made at the water department in person or by mail.

(d) There is established a sewerage fund to be administered by the director of finance. All taxes received pursuant to this part shall be used only for the acquisition, construction, reconstruction, maintenance and operation of city sewerage facilities. (Ord. No. 2186, § 2, 2009.)

No FSE shall discharge or cause to be discharged into the sewer system FOG that exceeds a concentration level adopted by a regulatory agency or that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the FSE to the sewer system. (Ord. No. 2186, § 2, 2009.)

(a) No person shall discharge, or cause to be discharged any wastewater from FSEs directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this chapter.

(b) Discharge of any waste, including FOG and solid materials removed from the grease control device to the sewer system, is prohibited.

(c) The installation and use of food grinders shall be prohibited in all new food service establishments that are located in new or existing buildings, in all existing food service establishments undergoing remodeling, and in all existing food preparation and service establishments undergoing remodeling or a change in operations such that they would become a commercial kitchen.

(d) Introduction of any additives into a food service establishment’s wastewater system for the purpose of emulsifying or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance, unless a specific written authorization from the director is obtained.

(e) Disposal of waste cooking oil into drainage pipes.

(f) The discharge of wastewater from dishwashers to any grease traps or grease interceptor.

(g) Discharge of wastewater with temperature in excess of one hundred forty degrees Fahrenheit to any grease control device, including grease traps and grease interceptors.

(i) A grease removal device should not be considered properly maintained if for any reason it is not in good working condition, or if sand, oil, sludge, and grease accumulations total more than twenty-five percent of the operative fluid capacity.

(j) The discharge of any waste or FOG to the sewer system in a manner which either violates the California State Water Resources Control Board’s Sewer WDRs or causes or contributes to condition which fails to comply with any of the provisions of the sewer WDRs is prohibited. (Ord. No. 2186, § 2, 2009.)

(a) FSEs proposing to discharge or currently discharging wastewater containing FOG into the city’s sewer system shall obtain a FOG wastewater discharge permit from the city within either (1) one hundred eighty days from the effective date of the ordinance codified in this chapter; or (2) at the time any FSE applies for or renews its annual business license from the city. Compliance with this chapter must be demonstrated at the time any business license is issued, provided that the director may extend the compliance date for no more than ninety days after the date of the issuance of the license.

(b) FOG wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, charges for use, and fees established by the city. The conditions of FOG wastewater discharge permits shall be enforced by the city in accordance with this chapter and applicable state and federal regulations.

(c) The city shall not issue a certificate of occupancy for any new construction, or occupancy unless a FSE has fully complied with the provisions of this chapter. (Ord. No. 2186, § 2, 2009.)

Any person required to obtain a FOG wastewater discharge permit shall complete and file with the city prior to commencing discharges, an application in a form prescribed by the director and shall provide the city such information and documents as the director determines is necessary and appropriate to properly evaluate the application. The applicable fees shall accompany this application. After evaluation of the data furnished, the director may issue a FOG wastewater discharge permit, subject to terms and conditions set forth in this chapter and as otherwise determined by the director to be appropriate to protect the city’s sewer system. (Ord. No. 2186, § 2, 2009.)

The issuance of a FOG wastewater discharge permit may contain any of the following conditions or limits as determined by the director:

(a) Limits on discharge of FOG and other priority pollutants;

(b) Requirements for proper operation and maintenance of grease interceptors and other grease control devices;

(c) Grease interceptor maintenance frequency and schedule;

(d) Requirements for implementation of best management practices and installation of adequate grease interceptor and/or grease control device;

(e) Requirements for maintaining and reporting status of best management practices;

(f) Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests;

(g) Requirements to self-monitor;

(h) Requirements for the FSE to construct, operate and maintain, at its own expense, FOG control device and sampling facilities;

(i) Consent by the operator of the FSE for the city and other regulatory agencies to inspect the FSE to confirm compliance with this chapter, the NPDES permit and other applicable laws, rules and regulations, including any NPDES permit applicable to the city;

(j) Additional requirements as otherwise determined to be reasonably appropriate by the director to protect the city’s system or as specified by other regulatory agencies;

(k) Other terms and conditions, which may be reasonably applicable to ensure compliance with this chapter as determined by the director. (Ord. No. 2186, § 2, 2009.)

The FOG wastewater discharge permit fee shall be paid by the applicant in an amount adopted by resolution of the city council. Payment of permit fees must be received by the city prior to issuance of either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal. (Ord. No. 2186, § 2, 2009.)

(a) The terms and conditions of an issued permit may be subject to modification and change by the sole determination of the director during the life of the permit based on:

(1) The discharger’s current or anticipated operating data;

(2) The city’s current or anticipated operating data;

(3) Changes in the requirements of regulatory agencies which affect the city; or

(4) A determination by the director that such modification is appropriate to further the objectives of this chapter.

(b) The permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The director shall review the request, make a determination on the request, and respond in writing.

(c) The permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. (Ord. No. 2186, § 2, 2009.)

FOG wastewater discharge permits shall be issued for a period not to exceed five years. Upon expiration of the permit, the discharger shall apply for renewal of the permit in accordance with the provisions of this chapter. (Ord. No. 2186, § 2, 2009.)

A limited food preparation establishment is not considered a FSE for the purposes of this chapter and is exempt from obtaining a FOG wastewater discharge permit. Exempted establishment shall be engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food. (Ord. No. 2186, § 2, 2009.)

(a) FOG wastewater discharge permits issued under this chapter are for a specific FSE, for a specific operation and create no vested rights.

(b) No permit holder shall assign, transfer or sell any FOG wastewater discharge permit issued under this chapter nor use any such permit for or on any premises or for facilities or operations or discharges not expressly encompassed within the underlying permit.

(c) Any permit, which is transferred to a new owner or operator or to a new facility, is void. (Ord. No. 2186, § 2, 2009.)

All FSEs shall implement best management practices in its operation to minimize the discharge of FOG to the sewer system.

(a) Installation of Drain Screens. Drain screens shall be installed on all draining pipes in food preparation areas. Clean drain screens frequently by placing the collected material in the garbage.

(b) Disposal of Food Waste. All food waste shall be disposed of directly into the trash or garbage and not in sinks.

(c) Segregation and Collection of Waste Cooking Oil. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.

(d) Maintenance of Kitchen Exhaust Filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning the exhaust filters shall be disposed properly.

(e) Kitchen Signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

(f) Employee Training. Employees of the food service establishment shall be trained by ownership within one hundred eighty days of notification, and twice each calendar year thereafter, on the following subjects:

(1) How to “dry wipe” pots, pans, dishware, and work area before washing to remove grease;

(2) How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors;

(3) The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped;

(4) How to properly dispose of grease or oils from cooking equipment into a grease receptacle such as a barrel or drum without spilling.

Training shall be documented and employee signatures retained indicating each employee’s attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by or other authorized inspector. (Ord. No. 2186, § 2, 2009.)

FSEs shall install an approved grease control device and regularly maintain it so as to prevent excessive discharges of grease and oil into the public sewer. Exceptions to the installation of a grease and oil interceptor shall be determined on a case-by-case basis by the director. (Ord. No. 2186, § 2, 2009.)

30.32 FOG pretreatment required for new construction of food service establishments.

All new construction of food service establishments and those undergoing a significant remodel shall install a grease interceptor prior to commencing discharge of wastewater to sewer system. (Ord. No. 2186, § 2, 2009.)

(a) Variance from Grease Interceptor Requirements. A variance or a conditional waiver from the grease interceptor requirements on such terms and conditions as may be established by the director, consistent with the requirements of the sewer WDRs, the city’s FOG control program, and best construction, engineering, environmental and health and safety practices, to: (1) allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, may be granted by the director to FSEs demonstrating to the director’s satisfaction that it is impossible to install, operate or maintain a grease interceptor; or (2) where the FSE demonstrates to the director’s satisfaction that any FOG discharge from the FSE is negligible and will have an insignificant impact to the sewer system.

(b) Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For FSEs where the installation of grease interceptor is not feasible and no equivalent alternative pretreatment can be installed, a waiver from the grease interceptor requirement may be granted with the imposition of a grease disposal mitigation fee as described in section 30.34. The director’s determination to grant the waiver with a grease disposal mitigation fee will be based upon such considerations that the director determines to be appropriate and consistent with the sewer WDRs, the city’s FOG control program, and best construction, engineering, environmental and health and safety practices. Provided, however, that a grease interceptor will be installed when the FSE undergoes a significant remodel. No discretionary permit, including but not limited to a conditional use permit, shall be issued to a FSE unless the applicant can demonstrate that a grease interceptor has been or will be installed at the FSE.

(c) Application for Waiver or Variance of Requirement for Grease Interceptor. A FSE may submit an application for waiver or variance from the grease interceptor requirement to the director. Terms and conditions for issuance of a variance to a FSE shall be set forth in the permit. A waiver or variance may be revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the waiver was based change so that the justification for the waiver no longer exists. (Ord. No. 2186, § 2, 2009.)

(a) FSEs that operate without a grease control interceptor may be required to pay an annual grease disposal mitigation fee to equitably cover the costs of increased maintenance and administration of the sewer system as a result of the FSEs’ inability to adequately remove FOG from its wastewater discharge. This section shall not be interpreted to allow a new FSE, or existing FSEs undergoing remodeling or change in operations, to operate without an approved grease interceptor unless the director has determined that it is impossible to install or operate a grease control interceptor for the FSE under the provisions of this chapter.

(b) The grease disposal mitigation fee shall be established by resolution of the city council, and shall be based on the estimated annual increased cost of maintaining the sewer system for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE resulting from the lack of a grease interceptor or grease control device and such other costs that the city council considers appropriate.

(c) The grease disposal mitigation fee may not be waived or reduced when the FSE does not comply with the minimum requirements of this chapter. (Ord. No. 2186, § 2, 2009.)

(a) Grease interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor which includes wastewater, accumulated FOG, floating materials, sludge and solids.

(b) Wastewater, accumulated FOG, floating material, sludge/solids, and other materials removed from the grease interceptor shall be disposed off site properly by waste haulers in accordance with federal, state and/or local laws.

(c) Grease interceptors shall be fully pumped out and cleaned on a quarterly basis. The agency may change the maintenance frequency at any time to reflect changes in actual operating conditions in accordance with the FOG control program. Based on the actual generation of FOG from the food service establishment, the maintenance frequency may increase or decrease.

(d) The permittee shall be required to keep all documents identified by the director relating to its compliance with this chapter, including manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than two years. The permittee shall, upon request, make the manifests, receipts and invoices available to any city representative, or inspector.

(e) If the grease interceptor, at any time, contains excess FOG and solids accumulation the FSE shall be required to have the grease interceptor serviced immediately such that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the director may also increase the maintenance frequency of the grease interceptor from the current frequency. (Ord. No. 2186, § 2, 2009.)

The director, or representative, shall be authorized at any reasonable time to enter the premises of any discharger to determine compliance with the provisions of this chapter; such inspection may include but not be limited to: inspection, sampling, monitoring, review, photograph, videotape and copy of any records, reports, test results or other data, wastes, chemicals, storage areas, storage containers, waste generating processes, treatment facilities and discharge locations. (Ord. No. 2186, § 2, 2009.)

The director may deliver to the owner or occupant of any private property, any permittee or any responsible party a notice of noncompliance listing the steps necessary to correct the conditions on the property causing noncompliance with the provisions of this chapter.

The director shall prepare each notice of noncompliance listing the applicable chapter provision(s), permit requirements violated, the selected compliance deadline, not to exceed ninety days, and stating that continued noncompliance may result in additional enforcement actions against the owner or occupant. The director may extend the compliance deadline an additional ninety days where good cause exists for the extension. (Ord. No. 2186, § 2, 2009.)

The director may issue to the owner or occupant of any private property, any permittee or any responsible party, who becomes subject to a notice of noncompliance or administrative order, an invoice for costs, which shall be immediately due and payable to the city for the actual costs incurred by the city in issuing and enforcing any notice or order.

If any owner or occupant, permittee or responsible party, fails to pay the invoice for costs within thirty days of the authorized inspector’s deposit of the invoice for costs in the regular mail, postage prepaid, the enforcing attorney may institute collection proceedings or elect to place a lien on the property in the amount of the invoice of costs. (Ord. No. 2186, § 2, 2009.)

Upon determination that a discharger is in noncompliance with any provisions of this chapter, the director may require the discharger to submit for review and approval a compliance schedule. If, following the compliance schedule expiration date, the discharger fails to comply with the terms, conditions, or limitations specified in the compliance schedule, the discharger’s permit, or with any provisions of this chapter, then the discharger may be subject to noncompliance fees, a probation order, a cease and desist order, and/or legal actions. (Ord. No. 2186, § 2, 2009.)

(a) The director may order the owner or occupant of any private property, permittee or any responsible party to: (1) immediately discontinue any process water, wastewater or pollutant discharge to the wastewater system or the stormwater drainage system; (2) immediately block or divert any flow of water from the property, where the flow is occurring in violation of any provision of this chapter; and (3) immediately discontinue any other violation of this chapter. The cease and desist order may contain terms and conditions including, but not limited to, limits on rate and time of discharge, or other provisions to ensure compliance with this chapter.

(b) Notice/Hearing. When the director has reason to believe that grounds exist to issue a cease and desist order, he or she shall give written notice thereof either by personal delivery or by certified mail to the discharger setting forth the grounds for such an order, together with the time and place where the charges shall be heard.

(c) After the conclusion of the hearing, the director shall make a determination and issue a decision and order within thirty calendar days of the hearing. The written decision and order of the director shall be sent by personal delivery or by certified mail to the discharger. The order of the director shall be final in all aspects fourteen days after it is mailed to the discharger unless a request for hearing is filed with the city council.

Failure of the discharger to comply with the conditions of the cease and desist order may result in permit suspension, permit revocation, termination of service and/or legal actions. (Ord. No. 2186, § 2, 2009.)